In the 2007 video, which was based on an unpublished song by Samwell, a man sings to the camera referencing homosexuality and anal sex. It became a YouTube sensation with more than 30 million views to date.
The 2008 South Park episode "Canada on Strike" features the character Butters singing to a similar tune and what the plaintiff maintains are frame-by-frame visuals — even including the same heart-shaped chocolate that's featured in the original.
According to the lawsuit that Brownmark Films filed Friday with the U.S. District Court in Milwaukee, the re-creation by the South Park producers and the companies behind the series, Viacom and Comedy Central, "constitutes direct infringement of Brownmark's exclusive" copyright.
The suit also states that Brownmark never gave copyrights of the video to any other company to use. The company seeks an unspecified amount.
"Courts have consistently recognized that parody enjoys broad protections under the First Amendment and the Copyright Act," Comedy Central said in a statement. "We plan to vigorously defend those rights."
Watch both videos: